Petitioners sought pre-arrest bail in a forest case involving sand transport. Court held detention unwarranted as valid documents exist and granted absolute interim bail.
Interim bail granted earlier was made absolute.
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GAHC010112382021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2165/2021
JAYANTA DIHINGIA AND ANR S/O SRI INDRA DIHINGIA PERMANENT RESIDENT OF VILL- TANGANAPARA, WARD NO. 3, P.O. AND P.S. DHEMAJI, IN THE DIST. OF DHEMAJI, ASSAM
2: SRI BISWAJIT HAJONG S/O SRI JAMESWAR HAJONG PERMANENT RESIDENT OF VILL- SHIVANAGAR P.S. SILAPATHAR IN THE DIST. OF DHEMAJI ASSA VERSUS
THE STATE OF ASSAM REP. BY LD. PP, ASSAM
Advocate for the Petitioner : MR. M K DAS Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
03.01.2022
By filing this petition under Section 438 CrPC, the petitioners, namely- (1) Sri Jayanta Dihingia and (2) Sri Biswajit Hajong have sought for pre-arrest bail in connection with
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Silapathar Police Station Case No.141/2021, registered under Section 341/506/353/34 of the IPC.
Heard the learned counsel for the petitioners as well as the learned Addl. Public Prosecutor representing the State. Also gone through the case diary and the documents annexed thereto.
The Forest Beat official/informant apprehended the vehicle bearing no.AS-22-C-6700 owned by Jayanta Dihingia and driven by Biswajit Hajong, which carried sand and stones from different sides. The vehicle, other relevant documents and one mobile phone were seized in connection with the case.
Now, the present petitioners contend that they have valid documents issued by the Forest Department for carrying such sand and stones but despite that, police apprehended the vehicle. In support of their contention, the petitioners have also annexed the challan dated 15.03.2021 (Page 34 of the petition) issued to M/s. Jayanta Dihingia as the owner of the vehicle and Biswajit Hajong as the driver showing such transportation of such minor minerals.
It appears that because of not having proper documents at the time of checking, the vehicle was apprehended and otherwise the petitioners have relevant documents for transportation of such Forest produce.
Considering all entirety, this Court is of the opinion that custodial detention of the accused persons/petitioners are not at all warranted. Accordingly, interim bail so granted earlier is hereby made absolute.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether custodial detention of the petitioners is warranted given possession of valid documents for transporting sand and stones.
2 provisions across 2 enactments
Jayanta Dihingia and Anr
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
